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NSW Has Friend Committed Defamation?

Discussion in 'Defamation Law Forum' started by john croxson, 15 February 2016.

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  1. john croxson

    john croxson Active Member

    23 November 2015
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    A person (friend A) who is a solicitor rings another friend (friend B) and tells friend B that a person who they both know has been arrested for drugs. Friend B then rings the person arrested for drugs and finds that they have never been arrested for drug-related crime. Is friend A (the solicitor) open for a charge of defamation?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi john,

    Based on the simplified version of facts you have described above, yes, that would likely constitute as defamation as there has been a statement made which identifies you, and the statement has the effect of injuring your reputation. However, there are defences to defamation such as truth or fair comment. Therefore, the allegation of arrest would need to be false.

    Check out the below article:

    Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog -

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